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Canada invokes Emergencies Act to quell ‘Freedom Convoy’ protests – JURIST

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Canadian Prime Minister Justin Trudeau invoked the Emergencies Act on Monday to give the federal government additional powers to quell the “Freedom Convoy” protests that have now entered their third week with no end in sight, but Trudeau he explicitly ruled out a military response. The Emergencies Law (“the Law”) may be invoked to grant “additional and necessary temporary powers to the federal government when provincial, territorial, and federal tools are no longer sufficient to effectively address serious problems being faced, such as. .. public health and safety.” as well as economic problems.” The Act defines “national emergency” as: an urgent and critical situation of a temporary nature that (a) seriously endangers the life, health or safety of Canadians and is of such proportions or nature that it exceeds the capacity or authority of a province to deal with it, or (b) seriously threatens the ability of the Government of Canada to preserve the sovereignty, security and territorial integrity of Canada and which cannot be dealt with effectively under any other law of Canada.” There are four types of emergencies that can be declared under the Act: public welfare emergency, public order emergency, international emergency, and war emergency. When an emergency is declared, the Canadian Charter of Rights and Freedoms (“the Charter”) allows the government to “balance the rights of the individual with the interests of society.” Specifically, § 1 of the Charter allows the government to place limits on rights and freedoms if authorized by law, to pursue an important goal that can be justified in a free and democratic society, and to pursue that goal in a reasonable and proportionate manner. Trudeau said he is taking this extraordinary step after consulting with the premiers of all provinces and territories and after speaking with opposition leaders, noting that the scope of the measures “will be time-limited, geographically specific, so as reasonable and proportionate to the threats they must address.” Trudeau further explained that the law will allow police to restore order in places where public gatherings constitute “illegal and dangerous activities, such as blockades and occupations as seen in Ottawa, the Ambassador Bridge and other places. ” through the imposition of fines and prison sentences. Trudeau hoped the Act would allow the government to “designate, secure and protect” critical infrastructure such as border crossings and airports. Trudeau added: This is about keeping Canadians safe, protecting people’s jobs and restoring confidence in our institutions… We cannot and will not allow illegal and dangerous activities to continue. The Emergencies Law will also allow the government to ensure that essential services are provided, for example to tow vehicles blocking roads… Let me be equally clear about what it does not do: we are not using the Emergencies Law to call the military. We are not suspending fundamental rights or invalidating the Charter of Rights and Freedoms. We are not limiting people’s freedom of expression. We are not limiting the freedom of peaceful assembly. We are not preventing people from exercising their right to legally protest. We are reinforcing the principles, values ​​and institutions that keep all Canadians free. This is the first time in Canadian history that the Emergencies Act has been invoked, although its predecessor, the War Measures Act, has been invoked several times before during world wars. and the October Crisis of 1970 in Quebec. Coincidentally, the last time it was used during the Quebec crisis, it was invoked by then Prime Minister Pierre Trudeau, i.e. Justin Trudeau’s father. That invocation, like the current one, was also considered controversial, albeit under very different circumstances. Reaction to the Bill’s invocation was mixed with opposition leaders such as Jagmeet Singh citing it as “evidence of a leadership failure” and others. welcoming the invocation and noting that they wanted it to come sooner. The Canadian Civil Liberties Association criticized Trudeau’s decision to invoke the Act stating that “the Act creates a high and clear standard for good reason: the Act allows the government to bypass ordinary democratic processes. This standard has not been met… Emergency legislation should not be normalized. It threatens our democracy and our civil liberties.”

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Indian court keeps journalist in police custody over tweet – JURIST

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The Delhi Metropolitan Magistrate’s Court on Tuesday ordered journalist and Alt News co-founder Mohammed Zubair to be held in police custody for four days. Zubair was arrested on Monday for the offenses of hurting religious sentiments and inciting enmity under Sections 153 and 295 of the Indian Penal Code. In 2018, Zubair posted a tweet showing a hotel whose name he changed from “Honeymoon Hotel” to “Hanuman Hotel”. Hanuman is a Hindu god. Delhi police arrested him based on a complaint about that tweet, which alleged that Zubair tweeted a “questionable image for the purpose of deliberately insulting the god of a particular religion.” accused for posting the tweet in question will be retrieved at the behest of the accused Mohammed Zubair from his residence in Bangalore, that the accused has not cooperated and (with) the disclosure statement recorded, four days PC (police custody) preventive detention of the accused will be concedes as the accused will be taken to Bangalore. Zubair’s arrest has been condemned by international organizations and national news organizations, including United Nations chief Antonio Guterres, Amnesty International, the Press Club of India and other media outlets.

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US Supreme Court Grants Review of Federal Bankruptcy Case – JURIST

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On Monday, the US Supreme Court agreed to hear MOAC Mall Holdings v. Transform Holdco, a case examining appellate court jurisdiction over sales orders in federal bankruptcy proceedings. The case revolves around the sale and transfer of a lease for a store in a shopping center. In 1991, Sears obtained a lease for a store in the Mall of America in Minneapolis, Minnesota. The lease only cost Sears $10 a year and was supposed to last 100 years. Sears, however, went bankrupt in 2018. As part of federal bankruptcy proceedings, Sears sold its assets and the Mall of America lease was transferred to Transform Holdco LLC, a corporation formed by Sears’ new owners. Mall of America sought to prevent the transfer because they claim that Transform Holdco LLC does not intend to occupy the leased facilities but to sublet them to other companies. Transform Holdco LLC argues that the long-term lease constitutes a substantial portion of the value Sears was sold for in the bankruptcy proceeding. The US Court of Appeals for the Second Circuit transferred the lease as it was deemed “integral” to a court-approved bankruptcy sale. Mall of America filed a petition with the US Supreme Court, arguing that a remedy is available that would not affect the validity of the sale. Therefore, according to Mall of America, the appellate court should be allowed to intervene. Transform Holdco LLC responds that no such remedy exists, and that the Second Circuit’s ruling should stand. The US Supreme Court must now determine whether federal bankruptcy law limits appeals on sales orders deemed “comprehensive,” even when a remedy is available that will not affect the validity of the sale. The court is set to hear oral arguments in the case next term.

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US appeals court to rehear challenge to Biden’s COVID-19 vaccine executive order – JURIST

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The US Court of Appeals for the Fifth Circuit issued an order on Monday stating that the court will rehear Feds for Medical Freedom v. Biden, a challenge to President Joe Biden’s 2019 executive order that required federal employees to get vaccinated against COVID-19 or face termination. In late May and early June, America First Legal Foundation, America’s Frontline Doctors, Airline Employees For Freedom Health, and an additional group of vaccine plaintiffs filed four amicus briefs in favor of a new full hearing. The plaintiffs in Rodden v. Fauci also filed a class action lawsuit made up of federal employees who contracted COVID-19, developed COVID-19 antibodies, “but remain subject to the federal employee vaccination mandate.” The Rodden plaintiffs argue that Biden and the “agencies he directs have no power to direct the personal medical decisions of federal employees,” and therefore this executive order is like an illegal government mandate. In addition, the group asserts that the panel’s refusal to review executive employment decisions is unlawful and thus protects “the exercise of unlawful governmental power.” In January 2022, a Texas judge blocked Biden’s executive order. Other state judges have also blocked enforcement of the COVID-19 vaccine mandate. In December 2021, a Georgia judge blocked the COVID-19 vaccination mandate for government contractors after the Texas Governor ordered a statewide ban on all COVID-19 vaccination mandates in October 2021 .

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